Step 9 Decide Whether to Hold a Public Hearing

After the lead agency accepts the draft EIS, it must decide whether to hold a public hearing [see 617.9(a)(4)]. A SEQR hearing is not mandatory. However, if a hearing is to be held, the lead agency must prepare and file a Notice of Public Hearing (notice).

The notice may be contained in the Notice of Completion of a Draft EIS. The hearing cannot start sooner than the 15th day following the Notice of Public Hearing, nor more than 60 days from the date of filing of the Notice of Completion of the Draft EIS.

The notice must be prepared, filed, and distributed as prescribed in section 617.12 The notice must also be published in a newspaper of general circulation in the area of the potential impacts at least 14 days prior to the hearing date[see 617.12(c)(2)].

If a public hearing is required under an applicable local or state law, it is not necessary to hold a separate SEQR hearing. One hearing can be held to satisfy both processes.